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Recently Available Prisoner Free Exercise Cases

By Howard M. Friedman

In Harper v. Beard, 2009 U.S. Dist. LEXIS 25129 (MD PA, March 25, 2009), a Pennsylvania federal district court accepted a magistrate's recommendation to dismiss a prisoner's claim that his 1st Amendment rights were violated when authorities deprived him of a Bible. The magistrate's recommendation is available at 2009 WL 801864 (Jan. 13, 2009).

In Wright v. Veda, 2009 U.S. Dist. LEXIS 24828 (ED MI, March 25, 2009), a Michigan federal district court rejected an inmate's claim that his free exercise rights were violated when his religious books were lost after shipment between prison facilities.

In Walls v. Schriro, 2008 U.S. Dist. LEXIS 108112 (D AZ, June 16, 2008), an Arizona federal district court rejected plaintiff's RLUIPA and 1st Amendment claims objecting to the denial of customized Hare Krishna meals. However the court ordered prison authorities to permit plaintiff to wear his sikha hairstyle. Damages however were denied. (See prior related posting.)

In Coble v. Butler, 2009 U.S. Dist. LEXIS 25361 (D AZ, March 18, 2009), an Arizona federal district court rejected plaintiff's claim that his free exercise rights were infringed when jail officials interfered with mail to and from his pastor.

In Junaid v. Kempker, 2009 U.S. Dist. LEXIS 25940 (ED MO, march 27, 2009), a Missouri federal district court rejected a Muslim inmate's complaints that he was denied Halal food; that members of other religious groups could not attend Muslim services; that he could not wear his religious headgear except during religious services; that the Muslim group was barred from holding religious classes and conducting fundraisers; that the prison discriminated in the hiring of chaplains; and that officials refused to accept money mailed to him because it only contained his legally-changed name.

In Henny v. Harvey, 2009 U.S. Dist. LEXIS 25977 (WD VA, March 27, 2009), a Virginia federal district court rejected plaintiff's 1st Amendment and RLUIPA claims. Plaintiff objected to officials' failure to separate NOI's Friday "Jumah" service from the Sunni Muslims' prayer service, objected to cancellation of Jumah services held in the gymnasium, and complained about pork-flavored foods served as part of the Muslim religious diet.

In Anderson v. Raemisch, 2009 U.S. Dist. LEXIS 25657 a federal district court gave a Jewish prisoner two weeks to supplement his complaint to clarify what religious materials and services he was allegedly being denied in Transition Phase status after administrative segregation.

In Thorne v. Hale, 2009 U.S. Dist. LEXIS 25938 (ED VA, March 26, 2009), a Virginia federal district court permitted plaintiff to move ahead with his claim against directors of the state's drug court program alleging that they were responsible for his entering a plea agreement in which he was required to attend religious-based AA and NA programs, and was refused permission to attend a drug treatment program more consistent with his religious beliefs.

In Harrison v. Watts, 2009 U.S. Dist. LEXIS 26009 (ED VA, March 26, 2009), a Virginia federal district court refused to grant a motion for reconsideration and held that the Nation of Gods on Earth organization is not a religion. The court thus rejected plaintiff's attempt to have NOGE treated on the same basis as other faith-based groups in prison.

In Hayes v. Tennessee, 2009 U.S. Dist. LEXIS 26411 (ED TN, March 31, 2009), a Tennessee federal district court rejected a prisoner's claim that the Christian Identity Faith should be recognized as a legitimate religion, that he be allowed to receive literature concerning his faith, and that the Department of Corrections be enjoined from adopting unconstitutional Security Threat Group criteria.

Full post as published by Religion Clause on April 05, 2009 (boomark / email).